Meena Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.8495 of 2016 (2) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8495 of 2016 ====================================================== Meena Devi, W/o Late Kundev Yadav, Resident of Village -Bhawanipatti, P.S. - Chhatapur, District-Supaul.

.... .... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Panchayati Raj Department Government of Bihar, Patna.

2.

The Secretary Bihar State Election Commission. 3.

The District Magistrate, Supaul.

4.

The Returning Officer -cum- Block Development Officer, Chhatapur. 5.

The RDO, Chhatapur, Supaul.

6.

The Panchayat Secretary, Gram Panchayat Rajeshwari East, DistrictSupaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karuna Kant Jha For the Respondent/s : Mr. A.K. Keshari, AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-05-2016 Heard the parties.

The petitioner prays for cancellation of the election to the post of Sarpanch, Gram Panchayat, Rajeshwari East in the district of Supaul inter alia on grounds that her husband had died during the process of election on 6.4.2016 which is after the date of scrutiny. It is noted that the husband died on 6.4.2016 and the writ petition has been filed on 11.5.2016. That the petitioner has approached this Court more than a month after the death of the husband and that the election is due to be held on 14.5.2016, I am not persuaded to exercise the discretionary jurisdiction to interfere with the election fixed at this last stage.

The writ petition is disposed of.

(Jyoti Saran, J) deepika/- U